MAHANTA GOURA GOVINDA DAS GOSWAMI Vs. RAJKISHORE SWAIN

JUDGEMENT

(1.) The petitioner in this Writ application challenges the proceeding under Section 42 of the Orissa Hindu Religious Endowment Act, 1951 (for short, the 'Act'.') initiated for framing of a scheme and seeks to quash the said proceeding and the orders passed therein in which, the Commissioner of Endowments has decided that a scheme should be framed though the actual scheme has not yet been framed.

(2.) THE Additional Assistant Commissioner of Endowments is said to have visited the Institution in question and submitted a report on 15. 3.1977 indicating that there are some alienations and other defaults by the person in management and recommended for a scheme to be settled in respect of the Institution. After submission of the report by the Additional Assistant Commissioner, the Commissioner of Endowments passed an order on 5. 4. 1977 to the following effect: - 'Perused the preliminary report submitted by A. A. C. Issue notice for publication through the I. E. inviting representa. tions from Trustees and persons interested against the proposal to frame a scheme as recommended by the A. A. C. fixing 17. 5. 1977.' In the order sheets of the subsequent dates it has been indicated that no representation was received except that of the Mahant of the Institution, which was considered by the Commissioner and the order dated 16. 11. 1977 was passed directing that a scheme should be framed for the proper administration of the institution.

(3.) IN this case the Commissioner after receipt of the report submitted by the Additional Assistant Commissioner issued notice by publication inviting the representations from the Trustees as also from the persons interested in the Institution, as if he has already reached a conclusion that a schema shall be settled. Such a stage would have come only after the Commissioner holds anenquiry giving due opportunity to the Trustees who are directly affected by the forming of a scheme and not earlier. At any rate, it appears that the Mahanta of the Institution who is the Trustee of the Institution has filed a representation denying the allegations made in the notice. The Commissioner without holding any enquiry passed an order on 16. 11. 1977 merely on the basis of the report of the Additional Assistant Commissioner and rea hed at some conculsion for which we do nor, find sufiicient basis on record.